Last updated: April 24, 2020
Please read these terms and conditions carefully before using Our Service or purchasing any products from us. These Terms and Conditions govern
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
* Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
* Company (referred to as either “the Company”, “We”, “Us” or “Our” in these Terms and Conditions) refers to MediaBlink LLC., 1100 Industry Rd., Kenner, Louisiana 70062.
* Country refers to: United States of America and its territories and possessions
* Device means any device that can access the such as a computer, a cellphone or a digital tablet or other like device.
* Goods refer to the items offered for sale on the Service.
* Order means a request by You to purchase Goods from Us.
* Service refers to the Website.
* Terms and Conditions mean these Terms and Conditions. The Terms and Conditions form the entire agreement between You and the Company regarding the use of the Service (including, without limitation, your purchase or use of any goods sold on or though the Service).
* Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
* Website refers to Faceshield.Com, accessible from https://www.faceshield.com.
* You means the individual accessing or using the Service (including, without limitation, the individual purchasing or using any goods sold on or through the Service), or the company, or other legal entity on behalf of which such individual is accessing or using the Service (including, without limitation, any company or other entity purchasing or using any goods sold on or through the Service), as applicable.
These are the Terms and Conditions governing the access and use of this Service (including, without limitation, the purchase or use any goods sold on or through the Service) and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations between You and the Company regarding the access or use of the Service (including, without limitation, the purchase or use any goods sold on or through the Service).
Your access to and use of the Service (including, without limitation, the purchase or use any goods sold on or through the Service) is conditioned on, and subject to, Your acceptance of and strict and complete compliance, observation, respect and performance of these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are at least of the age of 18. The Company is not offering the Service to any individual under the age of 18. If you are under the age of 18, you are violating these Terms and Conditions if you use or access the Service or open an account.
Placing Orders for Goods
By placing an Order for Goods through the Service, You represent and warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, accurate and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of, and payment for, Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to any one of the following:
* Goods availability
* errors in the description or prices for Goods
* errors in Your Order
* your breach or otherwise violation (or Our good faith belief that you have or are about to breach or otherwise violate) these Terms and Conditions (and even if such breach or otherwise violation is not based on or related to such Order)
* your threatened breach or otherwise violation of these Terms and Conditions (and even if such breach or otherwise violation is not based on or related to such Order)
* our good faith belief that, in refusing or canceling such Order, We are doing so is in compliance with any authority, order or directive of law enforcement or other governmental authority
We reserve the right to refuse or cancel Your Order if fraud, misrepresentation or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take good and careful care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
* The supply of Goods made to Your specifications or clearly personalized.
* The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
* The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
* The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
* The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any
information, including prices, product images, specifications, availability, and services. We reserve the right to (but do not promise that we will timely or accurately) change or update information or correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy and Risk Of Loss
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery, manufacture or other commercial circumstances caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs, Act of God, Force Majeure, impracticality of performance, impossibility of performance or any other matter beyond the reasonable control of the Company. In that event, You will have the right to cancel Your Order.
You bear all risk of loss for all goods or other products during transit from Our warehouse to Your delivery destination.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach or otherwise violate (or we in good faith suspect that you have, or are about to, breach or violate) these Terms and Conditions.
Upon termination, Your right to access and use the Service will cease immediately.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANY CLAIMS, DAMAGES OR OTHER LOSSES OR LIABILITIES THAT YOU MIGHT SUFFER OR INCUR, THE ENTIRE AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND ANY OF THE COMPANY’S OR ITS AFFILIATES’ SUPPLIERS UNDER, OR ARISING UNDER, THESE TERMS AND CONDITIONS (INCLUDING, WITHOUT LIMITATION, CAUSED BY, ATTRIBUTABLE TO OR CONCERNING WHATSOVER ANY GOODS, SERVICES OR PRODUCTS PURCHASED OR USED ON, UNDER OR THROUGH THE SERVICE) AND YOUR EXCLUSIVE AND ENTIRE CLAIM, REMEDY AND REDRESS FOR ALL OF THE FOREGOING, SHALL BE LIMITED TO THE GREATER OF EITHER: (A) THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR (B) $100 US DOLLARS IF YOU HAVE NOT PURCHASED ANYTHING THROUGH THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE
COMPANY, ITS AFFILIATES OR THE COMPANY OR ITS SUPPLIERS BE LIABLE, WHETHER FORSEEABLE OR UNFORSEEABLE, FOR ANY SPECIAL, INCIDENTAL,DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSSES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING DAMAGES, LOSSES OR LIABILITIES: FOR LOSS OF PROFITS; FOR LOSS OF, OR CORRUPTION TO, DATA OR OTHER INFORMATION; FOR BUSINESS INTERRUPTION; FOR DELAYS IN DELIVERING OR SHIPMENT; FOR YOUR NOT RECEIVING ANY GOODS, SERVICES OR OTHER PRODUCTS AS OF ANY DATE; FOR DAMAGE OR INJURY TO REPUTATION OR GOODWILL; FOR PERSONAL INJURY; FOR BODILY INJURY; FOR DEATH; FOR LOSS OF, OR COMPROMISE AS TO, PRIVACY OR SECURITY; OR FOR ANY OTHER CLAIM WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE PURCHASE OF, DELIVERY OF, NON-DELIVERY OF, USE OF OR ACCESS TO, OR INABILITY TO USE OR ACCESS, ANY OF THE FOLLOWING: ANY GOODS, SERVICES OR OTHER PRODUCTS PURCHASED, ORDERED, DELIVERED, USED OR NOT DELIVERED ON, UNDER OR THROUGH THE SERVICE; THE SERVICE; THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE; OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS AND CONDITIONS), EVEN IF THE COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OR CERTAINTY OF SUCH CLAIMS, LOSSES, LIABILITIES OR OTHER DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” and Other DISCLAIMERS
THE SERVICE IS (AS WELL AS ANY AND ALL GOODS, SERVICES AND OTHER PRODUCTS PURCHASED, DELIVERED, ORDERED, USED OR NOT DELIVERED ON, UNDER OR THROUGH THE SERVICE ARE) PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT ANY WARRANTY WHATSOEVER OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO OR OTHERWISE CONCERNING THE SERVICE (AS WELL AS TO ALL GOODS, SERVICES AND OTHER PRODUCTS PURCHASED, DELIVERED, ORDERED, USED OR NOT DELIVERED ON, UNDER OR THROUGH THE SERVICE), INCLUDING HEREBY COMPLETELY AND FULLY DISCLAIMING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY AND ALL OTHER REPRESENTATIONS OR WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO REPRESENTATION, WARRANTY OR UNDERTAKING WHATSOEVER, AND MAKES NO REPRESENTATION OF ANY KIND WHATSOEVER THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, SATISFY YOUR NEEDS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER PRODUCTS, SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET OR SATISFY ANY PERFORMANCE, QUALITY OR RELIABILITY STANDARDS, MEET OR SATISFY ANY HEALTH OR SAFETY STANDARDS, OR BE ERROR OR DEFECT FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
COMPANY (FOR ITSELF AND ITS AFFILIATES AS WELL AS FOR THE SUPPLIERS, LICENSORS AND PROVIDERS OF OR TO THE COMPANY AND ITS AFFILIATES) HEREBY ALSO EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE SERVICE IS (AS WELL AS THAT ANY AND ALL GOODS, SERVICES AND OTHER PRODUCTS PURCHASED, DELIVERED, ORDERED, USED OR NOT DELIVERED ON, UNDER OR THROUGH THE SERVICE ARE) FREE FROM OR LACK LATENT, HIDDEN, REDHIBITORY, PATENT OR OTHER DEFECTS WHATSOEVER.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY OF THE COMPANY’S (OR THE COMPANY’S AFFILIATES’) PROVIDERS OR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED:
(I) AS TO THE OPERATION OR AVAILABILITY OF THE SERVICE, OR THE INFORMATION, CONTENT, AND MATERIALS, GOODS, SERVICES OR OTHER PRODUCTS INCLUDED THEREON;
(II) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE;
(III) AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, STALENESS OR CURRENCY OF ANY INFORMATION OR CONTENT ON OR PROVIDED THROUGH THE SERVICE(OR OF ANY INFORMATION OR CONTENT DESCRIBING OR ABOUT ANY GOODS, SERVICES AND OTHER PRODUCTS PURCHASED, DELIVERED, ORDERED, USED OR NOT DELIVERED ON, UNDER OR THROUGH THE SERVICE); OR,
(IV) THAT THE SERVICE, ITS SERVERS, THE CONTENT, E-MAILS OR TEXT MESSAGES SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the State of Louisiana, excluding its conflicts of law rules, shall govern these Terms and Conditions and Your access to or use of the Service as well as any and all goods, services and other products purchased, delivered, ordered, used or not delivered on, under or through the Service.
If You have any concern or dispute about the Service(or about any goods, services and other products purchased, delivered, ordered, used or not delivered on, under or through the Service), You may first try to resolve the dispute informally by contacting the Company; provided that neither You nor the Company is bound to first try to informally resolve such dispute; and, You and the Company have the right to proceed to arbitration at any time in accordance with the provisions below.
In the below, both You and the Company are referred to as “party”.
Arbitration. Any claim, dispute, or controversy arising out of, relating to, or in connection with, directly or indirectly, the formation, existence, creation, modification, extinguishment, performance, enforcement, breach, termination, expiration, dissolution, rescission, revocation, voiding, nullifying, end, validity or interpretation thereof of these Terms and Conditions (collectively, “Arbitration Claims”, which; and, for the avoidance of doubt, Arbitration Claims include, without limitation, any claim, dispute, or controversy arising out of, relating to, or in connection with, directly or indirectly, the interpretation, settlement and resolution of the scope of these arbitration provisions or about or concerning any goods, services and other products purchased, delivered, ordered, used or not delivered on, under or through the Service) shall be settled by binding, nonappealable arbitration in accordance with the Commercial Rules of the American Arbitration Association (the “Commercial Rules”) and, to the extent not inconsistent therewith, the Federal Arbitration Act (9 USC §§ 1 et seq.); provided, that the arbitration panel shall have no less than the powers granted to arbitrators under the Federal Arbitration Act except as such powers are expressly limited by these arbitration provisions. Arbitration Claims shall be brought solely by a party in that party’s individual or singular corporate capacity and not as part of, or as a representative of, a class. The arbitration shall be held in New Orleans, Louisiana. Judgment by the arbitration panel may be entered by any court having jurisdiction thereof. The arbitration shall be conducted with only such discovery as ordered by the arbitration panel (in accordance with the Commercial Rules) or agreed upon by You and the Company (the “Authorized Discovery”). As to compelling discovery from a third party, You and the Company may, if available, take advantage of, and initiate and resort to the use of, any federal or state court jurisdiction or power but solely for and limited to the purpose of obtaining such Authorized Discovery and thus not for any other purpose. Except as aforesaid, only the Commercial Rules, and not the federal or state law of any jurisdiction in which the arbitration is pending (and also not the federal or state law of any other state), shall govern discovery matters. The arbitration panel’s award shall be final, binding and nonappealable. The arbitration panel’s award shall be a “simple” award (which may, but need not, contain orders to perform, do or not do anything) and so shall not have any written reasons or findings of fact. The 24th Judicial District Court of the State of Louisiana as well as the United States District Court for the Eastern District of Louisiana (the “Preferred Courts”) shall have: (i) exclusive jurisdiction and venue over any action by a party hereto against the other party to nullify, vacate, set aside, revoke, challenge or otherwise contest the arbitration award; and, otherwise shall have nonexclusive jurisdiction and venue over any action concerning the enforcement of an arbitration award, or (ii) if, in the unlikely event, arbitration is not permitted by law, then exclusive jurisdiction and venue over all Arbitration Claims which are not permitted to be arbitrated. Each party unconditionally and irrevocably submits to the jurisdiction and venue of the Preferred Courts and neither party will object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. YOU AND THE COMPANY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR, ARISING OUT OF OR RELATED TO ANY AND ALL ARBITRATION CLAIMS. Except for remedies expressly provided for in these Terms and Conditions, the arbitration panel shall neither be empowered to award damages in excess of actual damages nor to award punitive damages. Subject to the above, the arbitration panel shall have the authority to require specific performance or impose other equitable relief hereunder, as well as imposing money damages and awards of attorneys’ fees to the prevailing party.
Injunctive or Equitable Relief. Notwithstanding the foregoing, either You or the Company shall have the right at any time, whether during the pendency of the arbitration or otherwise, to seek any interim injunctive or other temporary or interim equitable relief in either of the Preferred Courts (with the option to seek such redress in such other courts of competent jurisdiction if neither of said Preferred Courts has personal jurisdiction over all relevant parties) to protect any trademark, copyright, patent or other intellectual property right of a party pending, or during the pendency of, the arbitration proceeding.
You represent and warrant (i) that You are not located outside the United States and that You are only purchasing goods for use in the United States; (ii) that You are not located in a country subject to a United States government embargo or the like, or that has been designated by the United States government as a “terrorist supporting” country, and (iii) that You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed, reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. If the provision cannot be so changed, reformed or interpreted, such provision shall be severed from these Terms and Conditions.
Except as provided herein, the failure of the Company to exercise a right or to require performance of an obligation under this Terms and Conditions shall not effect the Company’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any time but such changes shall only apply prospectively. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the revised terms, in whole or in part, you have no right to continue to use the Service.
Contact Us or You
If you have any questions about these Terms and Conditions, You can contact us:
* By visiting this page on our website: https://www.faceshield.com/terms-conditions/
We have the right to give you any notice under these Terms and Conditions by sending such notice to the last email address that we have on file for you. We also have the right to give you notice by posting information in your account profile with us.